whitney vice his legal analyst, criminal defense attorney and former prosecutor. he added doctor's note. his pediatrician city could get sick. the parents of the kid said 're not trying to make that kind of mistake, that kind of risk and love this kid may be potentially to lose his life. gerri: well, you know, the doctor wrote a note but did not make the connection between the elegy and the flu shot which might have been the problem. what do you make of this? >> the funny thing is i went to this elementary school, and i was embarrassed. as to the up side and saluted the flag debate in the data that school. this is an embarrassment. they made a policy, stuck to it and said something really stupid. take the vaccine first and let's see what happens. >> subpoenaed allergies. the same thing. so the nerve, the next that will have the vaccine. going to sit around and wait for this kid to go into epileptics seizures. >> and these are only 60, 65 percent effective anyway. now like it is 100 percent in the wake. so they're still going to get the flu. gerri: another topic be